THE ALLEGED MURDER AT KAIWARRA.

Press, Volume XLVI, Issue 7360, 12 July 1889, Page 5

THE ALLEGED MURDER AT KAIWARRA.

[press assogiation telegram.] WELLINGTON, July 11. The murder case was resumed this morning, George Bowles, brother to Mrs Hawkin3, ■was the first witness. He deposed be was a laboring man working at a sawmill. At the time of the murder he was working at Henry Bunny's, farmer, Wairarapa. He was not in Wellington during the months of May and June last. He conveyed soma land in ISS4 for the benefit of his wife and chiMren. He became bankrupt in 1885. By Mr Bunny —He had not been good friends with Hawkins for some time. The disagreement did not arise over sheep; it was owing to some money matters. He never sent down 200 sheep to Hawkins. Some sheep were taken from witness's place. He never had any row subsequently about the sheep. He was quite positive he never wanted the sheep back again. He never bad a direct quarrel with Hawkins in his life, but he had a disagreement and did not visit his house. By Mr Bell —The question about the sheep was tried at Masterton, and the jury gave a verdict for Hawkins. Thomas Harlen, milkman at Khandallah, stated that he knew the witness named Tucker, and also knew the prisoner. On one occasion he remembered seeing the prisoner, who came to witness's house to see some papers. Prisoner said he had a lawsuit pending with Hawkins, and wanted to see some documents which might be of use to him. Tucker was also present. Witness let the prisoner have the papers. By Mr Bunny —This visit of the prisoner was on a Sunday. Witness leased some land from Hawkins, and frequently made complaints to Hawkins about his sheep and cattle coming on witness's land. By Mr Bell —Hawkins was not a bad landlord so long as the rent was paid. Thomas Jas. Tolly, gunsmith, called as an expert, stated he could not tell when a gun had been fired off last if brought to him rusty. If one barrel was rusty and the other damp could tell for a certainty which one had been last fired. They could not both have been fired off the same day and appear in that condition. A soft red rust makes its appearance on the muzzle of the barrel a couple of days after being cleaned by a man's finders. No hard rust would, however, be found for a considerable time after. Verdigris would not be removed from about the nipple by firing off a cap. The shot produced had been greased. It is customary to grease shot to make them carry closer. By Mr Bunny—There would be a form of verdigris about the nipple in two or three days if the hammer was left. down after firing off. In the course of time red rust takes the place of verdigris. Margaret Cook, wife of Thomas J. Cook, of Kaiwarra, was examined by Mr Bunny. She had been taking milk for eighteen months from the prisoner. The bills were delivered monthly, but she could not tell the exact date. Be-examined by Mr Bell —She could not say the date when she received her May account, but it was on a Monday or Tuesday. Constable Carroll repeated his evidence in the lower Court. By Mr Bunny—When he visited Hawkins' house the morning after the murder he saw a mark of blood, about four fingers in width, ou the wheel of a cart. He locked up the pieces of paper he picked up at the scene of the crime in a box, and never looked at them again until they were opened at the morgue. He could not identify them again. Inspector Thompson saw the paper, and eventually it was given to Mr Skey for analysis. He did not examine the paper himself, but merely reported the fact that he had obtained it to the Ini spector, and then kept the pieces till he [ was asked for them. The locking up was entirely his own idea. He could not of course absolutely swear that he got the same pieces back from Mr Skey, but he had no doubt that he did. They were eventually banded to Mr Task«i. The witness was closely questioned about what took place at the morgue before the post mortem began. He said Detective Benjamin enquired about 11 a.m., just after Dr. Cahill had arrived, how the death was caused, and the Doctor sent out a message stating he had been stabbed. Afterwards, some time before 12 o'clock, he sent another message, saying the deceased had also been shot, but Detective Benjamin had then gone. Mr Bunny pointed -out that Dr. Cahill had stated he answered at first that death was caused by shot and stabs, but Carroll persisted in his version. He proceeded—He had informed Detective Benjamin early in the morning that the pieces of paper he had picked up bore marks as though they had been fired from a gun. Dymock drew his attention to the marks of shot on them, and said they looked as if they had been fired from a gunConstable Healey gave evidence as to finding a revolver in Chemis* house. It looked as if it had not been fired for some time. He never suggested firing off one barrel, and adhered to that statement, even if Benjamin said witness did propose it. He never said anything of the sort, and Mrs Chemis did not prevent him firing it off. He was one of the party who dug up the road at the scene of the murder for the purpose of endeavoring to find the bullet, but they did not succeed. After they had finished, Benjamin himself fired six shots from prisoner's revolver at a rock on the hill side. This was merely done for pastime. Inspector Thompson detailed the. steps taken by the police on the days immediately succeeding the murder. When they searched Chemis' house Detective Benjamin found a double-barrelled muzzle-load-in"- gun. He pub his linger in one barrel and said, " This looks as if recently discharged." They also found a dagger, shot pouch, rusty revolver, quantity of memoranda, and some fragments of torn paper. All the paper obtained in the house and on the road or wayside was carefully put in a separate envelope and marked. It was arranged that all paper should be examined by an expert, who was not a policeman, and on June Sth they were acordingly handed to Mr Tasker. The witness did not examine the papers himself. None of the scraps of paper which he had placed in envelopes in his breast pocket had come out of the envelopes, and witness did not handle the box whiob contained the paper shown him by Dr. Cahill. This was handed to Mr Tasker by Dr. Cahill, in the presence of witness.

Cross-examined by Mr Bunny—He had been a commissioned officer in the police for twenty-one years. Upon a murder being reported there were certain rules to be observed.

His Honor —This inquiry is not to inquire into whether the police had been at fault.

Mr Bunny—But, surely, if there is anything wrong we should know of it. Witness, continuing, said that Detective Benjamin had informed him that Hawkins had been murdered, and he ordered him to go out and investigate it. Witness went out also. He found several fragments of newspaper, which he would not pretend to identify. He went out to investigate. It was not his duty to go into certain bedrooms and search a place it was not necessary for him to go in. He did not sit on a* bank and give orders. He did not now think that he committed an error of judgment. He never told the detectives to secure all fragments of paper in the vicinity, but told them previously to do so. It was not an extraordinary thing to do under the circumstances. The only message witness received from Benjamin was on the first occasion that the man had been murdered by some sharp instrument. The dagger was in the same parcel as the bits of paper. When handed to him he.examined it immediately. He might have aaid "This instrument is rusty, hut we will examine it better by daylight. He could not swear whether both the barrels of tbe <»un were examined. He did not think it necessary to take the gun because he did not know that the man had been shot. He did not take the gun because he was under the impression that tbe gun had not been lately fired. Did not give instructions to leave tbe gun. Had he looked upon the gun as being of importance he would

have ordered it to be taken away by some of the officers. He did not remember Dr. Cahill asking next day why the gun was not brought away, nor the doctor saying, "You ought to have brought the gun." It was not in consequence of anything the doctor said that the gun was sent for next day. He did not examine the fragments of paper, but was certain that they belonged to some newspaper. The paper was placed in two envelopes, and the envelopes were placed in two different pockets, and could not have got mixed. He never produced two envelopes to Major Gudgeon. The latter nerer asked for the envelope. He would swear that neither of the envelopes were produced to him. On arrival at the station he placed an elastic band round them, and locked them up. Re-examined by Mr Bell —No information has been withheld from prisoner's counsel. The Court rose at 6.55 p.m. until 10 a.m. tomorrow.